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Home My WebLink About082-914MV -9l ZONING BOARD OF APPEALS 14 South Water Street Nantucket, Mass. 02554 Robert J. Leichter, Chairman Spencer M. Cowan, Jr. Linda F. Williams, Vice Chairman Zoning Board Administrator Ann Balas, Clerk Telephone (508) 228 -7215 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. 082 -91 Owner /Applicant: - ROBERT HAWKINS, Trustee of WHITE STAR PROPERTIES TRUST Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed in the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. . Any action appealing the Decision must be brought by filing a Complaint in court within TWENTY (20) days after this day's date. Notice of the action with a copy of the Complaint and a certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days � IN Date: cc: Town Clerk Planning Board Building Commissioner Robert J.lLeichter, Chairman BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS Decision: The Board of Appeals, at a public hearing held on Friday, December 13, 1991, at 1:00 P.M., at the Town and County Building, Nantucket, made the following decision upon the application of ROBERT HAWKINS as Trustee of WHITE STAR PROPERTIES TRUST (082 -91) address: c/o Reade & Alger Professional Corporation, Post Office Box 2669, Nantucket, Massachusetts. 1. This i-s an application for Modification under Nantucket Zoning By -law Section 139 -29A of the Special Permit granted in Case No. 028 -83 (see Certificate of Granting dated June 9, 1983, recorded in Book 226, Page 335, at Nantucket Deeds), to allow for an increase in ground cover of a pre- existing non - conforming structure by 23 feet, to enable reconstruction of an interior stairway in conformity with building code requirements. The subject property (the "Locus") is located at. 21 OLD NORTH WHARF (Assessor's Parcel 42.3.1 -028), Plan File 21 -122, and is zoned RESIDENTIAL - COMMERCIAL. 2. In Case No. 028 -83, special permit relief was granted to allow for the combination of the then existing structures on the Locus into one residential dwelling. Pursuant to that relief, a building permit was secured by the then applicant, and the structures were combined into one residential dwelling. Construction under the building permit was completed in 1985, and Certificate of Occupancy No. 3036 -85 issued thereon. 3. Applicant now requests a modification of the relief previously granted to allow for a 23 foot increase in the ground cover of the existing structure upon the lot, in order to reconstruct an interior stairway in conformity with the state building code. Applicant informs us that the existing stairway is narrow, changes direction- sharply several times, and does not have sufficient headroom to enable safe passage. 4. We have received several letters from neighboring property owners in support of the application and the favorable recommendation of the Planning Board. No opposition has been made known to us. 5. We have no difficulty finding, and do find, that the proposed increase in ground cover by 23 feet of the pre- existing nonconforming structure is a minor modification of the relief -1- previously granted, and that such increase in the ground cover of the structure will not be substantially more detrimental to the neighborhood than the existing nonconforming structure. 6. Accordingly, for the reasons herein stated, this Board grants a modification of Special Permit relief granted in Case No. 028 -33 to allow for a 23 foot increase in ground cover of the existing structure, by unanimous vote. D—r-d : ,�� 14 199 Ann ejw /3 /MALONEYD -2- � V;?Wwy 110"e h, . /,6r.�z�' irk ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, December 13, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: ROBERT HAWKINS, Trustee of WHITE STAR PROPERTIES TRUST Board of Appeals File No. 082-91 Applicant is seeking a Modification under §139 -29A of the Zoning Bylaw of the existing Special Permit granted in Board of Appeals File No. 027 -83 to allow for an increase in ground cover of 23± feet in a pre- existing nonconforming structure to allow reconstruction of an interior staircase to conform to the Building Code. The structure is nonconforming as to ground cover ratio. See also BOA File No. 011 -83. The premises are located at 21 OLD NORTH WHARF, Assessor's Map 42.3.2, parcel 28, as shown in Plan Book 21, page 122. The property is zoned RC. Robert J. Lei'chtder, Chairman BOA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS D-- TOWNAN UCKET,HAg02554NG CASE No49L-a *ooT T['ATTON FOR RELIEF Robert Hawkins, Trustee of White Star properties Trust owner's name(s): er Pro essiona Corporation r } 02584 coReae& g Office Box 2669 Nant ke Mailing address: F �'ouna's Wav Post of White Star rties Trust Applicant's name: Robert Hawkins, Trustee c/o Reade & Alger Professional Corporation Mailing address: 42.3.1- 028 and parcel number Location of lot: Assessor's map 21 Old North Wharf Street address: or Plan File 21�_ Lot Registry Land Ct Plan, Plan Bk & Pg Zoning districtMCD? Date lot acquired: �� 90 Deed Ref343 , 226 _ Uses on lot - commercial: None X or dwellings 1 duplex_ apartments— rental rooms — - number of: C of O ?Yes Building date(s): all pre -8/72? No or Permit appl'n. Nos. 3036 -83 .Building applications, lawsuits: 11 -83 and 28 -83 BOA aPP ' Case Nos. all fully all zoning relief sought androeoseccomparedetoepresent State and subsections, specifically what you propose per Section BOA to and what grounds you urge for Permit and 139 -33A if variance, 139 -30A eat per 139 -3jA 139 -32A )ltoaattach addendum . X if to alter or extend a noncon.orming usOK appealed. & B _ , attach decision or order lexisting gnontconforming Applicant structure sincreaselincground cover ofe the forgan to allow reconstruction of the interior stairway in by 23 feet, in order to enable conformity with building code requirements. t rr �i 10 art of this Application: orders addendum2 Items enclosed as p showing present +planned.,= structures Locus map X Site plan x HDC approved ? —) Floor plans present X proposed____ elevat onsGCR ( parking data Listings lot area frontage setbacks i T-- labels 2 sets x Assessor- certifieTaddressee TTIst 4 seta roof lingcap covenant_ 1200 fee payable to Town of Nantucket P (If an appeal, ask Town Clerk to send Bldg ComrTS record to BoA.) I certify t at the requested inform aknowledgeltunders the bpains l y and complete an true to "est of my the penalties o perjury. Attorney /agent X SIGNATURE: Applicant — — 3(If not o ner or owner s attorne , enclose proof of authority) FOR BOA OFFICE USE C�� reed: 4'/Or_ for BoA on,&-/J0 L by_L &) Application copies _ /,by___ir� complete ?5.G One copy filed with Town Clerk on =i- C�/ �, �_ � One copy each to Planning Bd and Building Dept / /u/ by r:: 1- �� bYi�� waived? $200 fee check given Town Treasurer �� I & Clearing notice posted/ �� mailed 1 Hearing(s) on_/_/— cont'd to_ —/-- ��— withdrawn ?__/--/_ Decision due bye �_. made _/.__ filed TC_,/__j_._. mailed__/ —/—. lawsuits other